S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4389--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced   by   Sens.   KAMINSKY,  BOYLE,  BROOKS,  COMRIE,  GAUGHRAN,
   GOUNARDES, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU,  SALAZAR,  SERRANO,
   SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
   to be committed to the  Committee  on  Environmental  Conservation  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting   household  cleansing  products,  cosmetic  products  and
   personal care products that contain 1,4-dioxane
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  35-0105 of the environmental conservation law is
 amended by adding three new subdivisions 4, 5 and 6 to read as follows:
   4. NO HOUSEHOLD CLEANSING PRODUCT SHALL BE DISTRIBUTED, SOLD,  OFFERED
 OR  EXPOSED FOR SALE IN THIS STATE WHICH CONTAINS 1,4-DIOXANE OTHER THAN
 SUCH TRACE CONCENTRATIONS; SUCH TRACE CONCENTRATIONS  SHALL  NOT  EXCEED
 TWO PARTS PER MILLION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO;
 AND  FURTHER,  SHALL NOT EXCEED ONE PART PER MILLION BY DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE.
   5. A MANUFACTURER OF A HOUSEHOLD CLEANSING PRODUCT, OTHERWISE  SUBJECT
 TO  THE  REQUIREMENTS  OF SUBDIVISION FOUR OF THIS SECTION, MAY APPLY TO
 THE DEPARTMENT FOR A  ONE-YEAR  WAIVER  FROM  SUCH  REQUIREMENTS  FOR  A
 SPECIFIC  HOUSEHOLD CLEANSING PRODUCT, UPON SUCH PROOF THAT THE MANUFAC-
 TURER HAS TAKEN STEPS TO REDUCE THE  PRESENCE  OF  1,4-DIOXANE  IN  THAT
 PRODUCT  AND  IS  UNABLE  TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION
 FOUR OF THIS SECTION.   THEREAFTER, A MANUFACTURER  MAY  APPLY  FOR  ONE
 ADDITIONAL  ONE-YEAR WAIVER FOR SUCH PRODUCT, UPON SUCH THE SATISFACTION
 OF SUCH SIMILAR PROOF.
   6. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
 LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION, INCLUDING RULES AND REGULATIONS WITH RESPECT TO  ANY  ALLOWABLE
 TRACE CONCENTRATIONS, CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 37-0115 to read as follows:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10243-03-9

 S. 4389--A                          2
 
 § 37-0115. PROHIBITION OF COSMETIC PRODUCTS AND PERSONAL  CARE  PRODUCTS
              CONTAINING 1,4-DIOXANE.
   1.  THE TERM "COSMETIC PRODUCT" SHALL MEAN ANY ARTICLE (A) INTENDED TO
 BE RUBBED, SPRINKLED, OR  SPRAYED  ON,  INTRODUCED  INTO,  OR  OTHERWISE
 APPLIED TO THE HUMAN BODY OR ANY PART THEREOF FOR BEAUTIFYING, PROMOTING
 ATTRACTIVENESS,  OR ALTERING THE APPEARANCE, AND (B) INTENDED FOR USE AS
 A COMPONENT OF ANY SUCH ARTICLE. THE TERM "COSMETIC PRODUCT"  SHALL  NOT
 INCLUDE ANY PERSONAL CARE PRODUCT AS DEFINED IN THIS SECTION FOR WHICH A
 PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPENSATION AS PROVIDED IN
 SECTION  TWO  HUNDRED EIGHTY-ONE OF THE PUBLIC HEALTH LAW OR SECTION SIX
 THOUSAND EIGHT HUNDRED TEN OF THE EDUCATION LAW.
   2. THE TERM "PERSONAL CARE PRODUCT" SHALL MEAN  ANY  PRODUCT  INTENDED
 FOR  CLEANING  OR  CLEANSING  ANY PART OF THE BODY, SUCH AS THE SKIN AND
 HAIR, AND INCLUDING BUT NOT LIMITED TO, HAIR SHAMPOO, HAIR  CONDITIONER,
 SOAP,  BATH GELS AND OTHER BATH PRODUCTS.  THE TERM "PERSONAL CARE PROD-
 UCT" SHALL NOT INCLUDE ANY PRODUCT FOR WHICH A PRESCRIPTION IS  REQUIRED
 FOR  DISTRIBUTION  OR  DISPENSATION  AS  PROVIDED IN SECTION TWO HUNDRED
 EIGHTY-ONE OF THE PUBLIC  HEALTH  LAW  OR  SECTION  SIX  THOUSAND  EIGHT
 HUNDRED TEN OF THE EDUCATION LAW.
   3.  NO  PERSON  SHALL  SELL  OR  OFFER  FOR  SALE ANY COSMETIC PRODUCT
 CONTAINING 1,4-DIOXANE, OTHER THAN SUCH  TRACE  CONCENTRATIONS,  NOT  TO
 EXCEED TEN PARTS PER MILLION.
   4.  NO  PERSON  SHALL SELL OR OFFER FOR SALE ANY PERSONAL CARE PRODUCT
 CONTAINING 1,4-DIOXANE, OTHER THAN SUCH TRACE CONCENTRATIONS, AS AUTHOR-
 IZED BY THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
 BY REGULATION; AND FURTHER, SUCH TRACE CONCENTRATIONS FOR PERSONAL  CARE
 PRODUCTS  SHALL  NOT TO EXCEED TWO PARTS PER MILLION BY DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO AND ONE  PART  PER  MILLION  BY  DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   5.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION,  INCLUDING  RULES AND REGULATIONS WITH RESPECT TO ANY ALLOWABLE
 TRACE CONCENTRATIONS, CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   6. A MANUFACTURER OF A COSMETIC  PRODUCT  OR  PERSONAL  CARE  PRODUCT,
 OTHERWISE  SUBJECT TO THE REQUIREMENTS OF THIS SECTION, MAY APPLY TO THE
 DEPARTMENT FOR A ONE-YEAR WAIVER FROM SUCH REQUIREMENTS FOR  A  SPECIFIC
 COSMETIC  PRODUCT OR PERSONAL CARE PRODUCT, AND UPON SUCH PROOF THAT THE
 MANUFACTURER HAS TAKEN STEPS TO REDUCE THE PRESENCE  OF  1,4-DIOXANE  IN
 THAT  PRODUCT  AND  IS  UNABLE  TO  COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION.  THEREAFTER, A MANUFACTURER MAY APPLY FOR ONE  ADDITIONAL  ONE-
 YEAR  WAIVER  FOR  SUCH  PRODUCT,  UPON ITS SATISFACTION OF SUCH SIMILAR
 PROOF.
   § 3. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY SECTION 37-0115 OR ANY  RULE  OR  REGULATION
 PROMULGATED  PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO
 EXCEED ONE THOUSAND DOLLARS FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION
 CONTINUES,  AND  IN  ADDITION  THERETO, SUCH PERSON MAY BE ENJOINED FROM
 CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND  VIOLATION  BE
 LIABLE  TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED TWO
 THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH  SUCH  VIOLATION
 CONTINUES.
   § 4. This act shall take effect December 31, 2022.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4389--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced by Sens. KAMINSKY, BOYLE, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GOUNARDES,  HARCKHAM, HOYLMAN, KAPLAN, KRUEGER, LAVALLE, LIU, SALAZAR,
   SERRANO, SKOUFIS, STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting  household  cleansing  products,  cosmetic  products   and
   personal care products that contain 1,4-dioxane
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 35-0105 of the environmental  conservation  law  is
 amended  by  adding  four  new  subdivisions  4,  5,  6 and 7 to read as
 follows:
   4. NO HOUSEHOLD CLEANSING PRODUCT SHALL BE DISTRIBUTED, SOLD,  OFFERED
 OR  EXPOSED FOR SALE IN THIS STATE WHICH CONTAINS 1,4-DIOXANE OTHER THAN
 SUCH TRACE CONCENTRATIONS; SUCH TRACE CONCENTRATIONS  SHALL  NOT  EXCEED
 TWO PARTS PER MILLION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO;
 AND  FURTHER,  SHALL NOT EXCEED ONE PART PER MILLION BY DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE.
   5. NO LATER THEN MAY FIRST, TWO THOUSAND TWENTY-FIVE,  AND  EVERY  TWO
 YEARS THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
 HEALTH,  SHALL  REVIEW SUCH TRACE CONCENTRATION THRESHOLDS AND DETERMINE
 WHETHER SUCH CONCENTRATIONS SHALL BE LOWERED  TO  BETTER  PROTECT  HUMAN
 HEALTH AND THE ENVIRONMENT.
   6.  A MANUFACTURER OF A HOUSEHOLD CLEANSING PRODUCT, OTHERWISE SUBJECT
 TO THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION,  MAY  APPLY  TO
 THE  DEPARTMENT  FOR  A  ONE-YEAR  WAIVER  FROM  SUCH REQUIREMENTS FOR A
 SPECIFIC HOUSEHOLD CLEANSING PRODUCT, UPON SUCH PROOF THAT THE  MANUFAC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10243-05-9

 S. 4389--B                          2
 
 TURER  HAS  TAKEN  STEPS  TO  REDUCE THE PRESENCE OF 1,4-DIOXANE IN THAT
 PRODUCT AND IS UNABLE TO COMPLY WITH  THE  REQUIREMENTS  OF  SUBDIVISION
 FOUR  OF  THIS  SECTION.    THEREAFTER, A MANUFACTURER MAY APPLY FOR ONE
 ADDITIONAL  ONE-YEAR WAIVER FOR SUCH PRODUCT, UPON SUCH THE SATISFACTION
 OF SUCH SIMILAR PROOF.
   7. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
 LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION, INCLUDING RULES AND REGULATIONS WITH RESPECT TO  ANY  ALLOWABLE
 TRACE CONCENTRATIONS, CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 37-0115 to read as follows:
 § 37-0115. PROHIBITION OF COSMETIC PRODUCTS AND PERSONAL  CARE  PRODUCTS
              CONTAINING 1,4-DIOXANE.
   1.  THE TERM "COSMETIC PRODUCT" SHALL MEAN ANY ARTICLE (A) INTENDED TO
 BE RUBBED, SPRINKLED, OR  SPRAYED  ON,  INTRODUCED  INTO,  OR  OTHERWISE
 APPLIED TO THE HUMAN BODY OR ANY PART THEREOF FOR BEAUTIFYING, PROMOTING
 ATTRACTIVENESS,  OR ALTERING THE APPEARANCE, AND (B) INTENDED FOR USE AS
 A COMPONENT OF ANY SUCH ARTICLE. THE TERM "COSMETIC PRODUCT"  SHALL  NOT
 INCLUDE ANY PERSONAL CARE PRODUCT AS DEFINED IN THIS SECTION FOR WHICH A
 PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPENSATION AS PROVIDED IN
 SECTION  TWO  HUNDRED  EIGHTY-ONE  OF  THE  PUBLIC HEALTH LAW OR SECTION
 SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.
   2. THE TERM "PERSONAL CARE PRODUCT" SHALL MEAN  ANY  PRODUCT  INTENDED
 FOR  CLEANING  OR  CLEANSING  ANY PART OF THE BODY, SUCH AS THE SKIN AND
 HAIR, AND INCLUDING BUT NOT LIMITED TO, HAIR SHAMPOO, HAIR  CONDITIONER,
 SOAP,  BATH GELS AND OTHER BATH PRODUCTS.  THE TERM "PERSONAL CARE PROD-
 UCT" SHALL NOT INCLUDE ANY PRODUCT FOR WHICH A PRESCRIPTION IS  REQUIRED
 FOR  DISTRIBUTION  OR  DISPENSATION  AS  PROVIDED IN SECTION TWO HUNDRED
 EIGHTY-ONE OF THE PUBLIC HEALTH LAW OR SECTION SIXTY-EIGHT  HUNDRED  TEN
 OF THE EDUCATION LAW.
   3.  NO  PERSON  SHALL  SELL  OR  OFFER  FOR  SALE ANY COSMETIC PRODUCT
 CONTAINING 1,4-DIOXANE, OTHER THAN SUCH  TRACE  CONCENTRATIONS,  NOT  TO
 EXCEED  TEN  PARTS  PER  MILLION  BY DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO.
   4. NO PERSON SHALL SELL OR OFFER FOR SALE ANY  PERSONAL  CARE  PRODUCT
 CONTAINING 1,4-DIOXANE, OTHER THAN SUCH TRACE CONCENTRATIONS, AS AUTHOR-
 IZED BY THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
 BY  REGULATION; AND FURTHER, SUCH TRACE CONCENTRATIONS FOR PERSONAL CARE
 PRODUCTS SHALL NOT EXCEED TWO PARTS  PER  MILLION  BY  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-TWO  AND  ONE PART PER MILLION BY DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   5. NO LATER THEN MAY FIRST, TWO THOUSAND TWENTY-FIVE,  AND  EVERY  TWO
 YEARS THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
 HEALTH,  SHALL  REVIEW SUCH TRACE CONCENTRATION THRESHOLDS AND DETERMINE
 WHETHER SUCH CONCENTRATIONS SHALL BE LOWERED  TO  BETTER  PROTECT  HUMAN
 HEALTH AND THE ENVIRONMENT.
   6.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION,  INCLUDING  RULES AND REGULATIONS WITH RESPECT TO ANY ALLOWABLE
 TRACE CONCENTRATIONS, CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
   7. A MANUFACTURER OF A COSMETIC  PRODUCT  OR  PERSONAL  CARE  PRODUCT,
 OTHERWISE  SUBJECT TO THE REQUIREMENTS OF THIS SECTION, MAY APPLY TO THE
 DEPARTMENT FOR A ONE-YEAR WAIVER FROM SUCH REQUIREMENTS FOR  A  SPECIFIC
 COSMETIC  PRODUCT OR PERSONAL CARE PRODUCT, AND UPON SUCH PROOF THAT THE
 MANUFACTURER HAS TAKEN STEPS TO REDUCE THE PRESENCE  OF  1,4-DIOXANE  IN
 THAT  PRODUCT  AND  IS  UNABLE  TO  COMPLY WITH THE REQUIREMENTS OF THIS

 S. 4389--B                          3
 
 SECTION.  THEREAFTER, A MANUFACTURER MAY APPLY FOR ONE  ADDITIONAL  ONE-
 YEAR  WAIVER  FOR  SUCH  PRODUCT,  UPON ITS SATISFACTION OF SUCH SIMILAR
 PROOF.
   §  3. Section 71-3703 of the environmental conservation law is amended
 by adding a new subdivision 4 to read as follows:
   4. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
 PERFORM  ANY  DUTY  IMPOSED BY SECTION 37-0115 OR ANY RULE OR REGULATION
 PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT  TO
 EXCEED  ONE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES, AND IN ADDITION THERETO, SUCH PERSON  MAY  BE  ENJOINED  FROM
 CONTINUING  SUCH  VIOLATION. SUCH PERSON SHALL FOR A SECOND VIOLATION BE
 LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED  TWO
 THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES.
   § 4. This act shall take effect January 1, 2022. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.